How 12 Became Jury’s Magic Number (Hint: it was an ‘Accident’)

You might remember watching the legal thriller “12 Angry Men,” in civics
or social studies class way-back-when (or, perhaps, because it is a
classic of cinema, at least in my opinion).

But have you ever wondered why it isn’t “8 Angry Men?” Or maybe
“14 Angry Men?”

Turns out it was a “historical accident.” And here’s the story
of how such a mishap occurred. (See the photo credit for the
poster here.)

Twelve person juries date back to
pre-industrial England (the reason for which, I must admit, I
can’t find). Apparently, one thing our American founders weren’t
rebelling against the redcoats
about was the number of peers to decide the fate of defendants,
because we seem to have inherited 12 from them.

The U.S. Supreme Court had long held that 12-person juries were
covered
under the Sixth Amendment. But in 1970, the court changed its
tune in Williams v. Florida, saying the jury size had been the
product of a “historical
accident.”

Twelve, however, seems to still be the norm, but there are
certainly exceptions. Here in Kitsap, 12 jurors (with an alternate
or two) are used in Kitsap
County Superior Court. In Kitsap County’s district court (for misdemeanor
level cases), only 6 jurors decide.

One thought on “How 12 Became Jury’s Magic Number (Hint: it was an ‘Accident’)”

What was it about the accident that made it ‘historical’? Without more information, their decision may have been the ‘historical’ accident. Why was there only 8 or even as much as 8 on the federal jury mentioned?